Suspect allowed to be his own lawyer

Man, 81, charged with murder at synagogue in '05

A judge on Tuesday reversed her decision last month not to allow 81-year-old Marc Benayer to represent himself on charges that he murdered a fellow worshiper during 2005 High Holy Day services.

After hearing from Benayer on Tuesday and requiring him to read an entire transcript of a September hearing at which she informed him of the disadvantages of acting as his own counsel, Circuit Judge Lucy Chernow Brown reversed her earlier decision and told Benayer he can be his own attorney, though she advised against it.

"I strongly recommend for you to use an attorney but I find you are competent to make the choice not to have a lawyer," she said. She wished him luck but told him she didn't think it was a good idea.

Benayer - who some mental health experts have found suffers from dementia, paranoia, delusions and an obsessive personality disorder - repeatedly told the judge, "I would like to represent myself to say the truth, but only the truth."

Preparing for his April trial might prove to be an uphill battle since Benayer is housed in solitary confinement in the Palm Beach County Jail and prohibited from sending or receiving mail or having visitors or writing materials. Brown warned Benayer that none of those restrictions would be lifted just because he was representing himself.

Benayer was moved to a solo, 4- by 6-foot cell after allegedly trying to hire a hit man from jail in February to kill his lawyer at the time, Jim Eisenberg.

Benayer also wanted to have a witness in the synagogue shooting killed, according to police. He was reportedly angry at Eisenberg for taking Benayer's condominium, valued at about $85,000, for payment. He reiterated his distrust of lawyers on Tuesday.

"I'm the one who has been accused ... not the lawyer," he told the judge. "All the lawyers look at only the money, the money, the money. I've had very bad experience."

He acknowledged that he takes medications and sometimes loses the ability to stay focused when people are talking for an extended period of time. He doesn't think that would be an issue at trial, he said, since the case is so important to him that he will find the strength to pay attention.

"I will respect the roles, the rules and the judge," he said. "I'm not going to interrupt anyone."

Benayer was appointed a public defender to represent him. That lawyer, Jennifer Marshall, will now act as "standby counsel" at trial, meaning she can assist Benayer but not help him prepare for trial.

"I have concerns about how he's going to represent himself, but he has the right," Marshall said after the hearing.

Prosecutor Tom Lawson declined to comment, citing the pending case.

Benayer faces life in prison if convicted as charged of fatally shooting 44-year-old Jonathan Samuels at the Chabad Weltman Synagogue west of Boca Raton two years ago. Samuels survived the shooting but died nine months later from related injuries, according to prosecutors. Samuels told authorities Benayer blamed him for helping one of his employees end a relationship with Benayer.